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• <br />• <br />3. RIGHT TO PROCEED. <br />A. Following execution of this agreement and approval by the City of the <br />Development Plans, the Developer may commence site grading and utility <br />construction on the site in conformance therewith. <br />B. Building Permits shall be issued, for Lot 4, Block 1, JADT Addition, upon <br />approval of the Final Plat by the City Council, at which time all required Financial <br />Security shall be in place with the City, and following Building Department <br />review and approval of building plans for said lot. Such approval will not be <br />unreasonably withheld or delayed. <br />C. Building Permit issuance for Lots 1, 2, and 3, Block 1, JADT Addition, shall be <br />subject to Site and Building Plan approval in accordance with the requirements of <br />the Lino Lakes Zoning Ordinance. <br />4. DEVELOPER IMPROVEMENTS. <br />A. Developer shall construct and install at Developer's expense all improvements <br />contemplated in the Development Plans described in Paragraph 2 herein. <br />Furthermore, the following provisions shall apply to all work conducted by <br />Developer: <br />1. Prior to the start of construction activities the Developer shall <br />implement the Tree Preservation Plan and all erosion control <br />measures. All construction and erosion control measures shall be <br />done in accordance with best management practices as setforth by <br />Rice Creek Watershed District. <br />2. The Developer shall remove, dispose of, or treat all dead and <br />diseased trees in accordance with the City Forester's <br />recommendation before building permits will be issued. <br />3. The Developer shall grade the site to within 0.2 foot of the grades <br />shown on the approved Grading plan. No deviations will be allowed <br />unless a revised plan is submitted and approved by the City and all <br />other regulatory agencies. <br />4. All areas disturbed by the excavation and backfilling operations <br />shall be reseeded forthwith after the completion of the work in that <br />area. All seeded areas shall be fertilized, mulched, and disc <br />anchored as necessary for seed retention. The parties recognize that <br />time is of the essence in controlling erosion. <br />5. All streets shall be protected from erosion deposits. <br />JADT AGREEMENT 3 <br />10/09/02 <br />